The NJLAD prohibits discrimination on the basis of sexual orientation and/or gender identity or gender expression. The law separates the category of sexual orientation from the category of gender identity or expression. Sexual orientation is broadly defined as male or female heterosexuality, homosexuality or bisexuality by inclination, practice, identity or expression, having a history thereof or being perceived, presumed or identified by others as having such orientation. The NJLAD defines gender identity or expression to mean having or being perceived as having a gender-related identity or expression whether or not there are typically associated with a person’s assigned sex at birth. Nonetheless nothing in the NJLAD affects the ability of an employer to require employees to adhere to reasonable workplace appearance, dress, and grooming standards, however an employer must allow an employee to appear and dress consistent with the employee’s gender identity or expression. The NJLAD does not require employers to impose affirmative action plans or quotas related to gender identity or expression, however it does require employers impose such plans or quotas based on sexual orientation consistent with plans based on other characteristics protected by the NJLAD, such as race and ethnicity, if the employer utilizes affirmative action plans in for categories.
If you feel that you have been subjected to discrimination because of your sexual orientation, gender identity or gender expression contact an experienced employment lawyer at Kurkowski Law today.